Electric scooters have rapidly transformed urban transportation in cities across the United States, including Albuquerque and other New Mexico communities. Companies like Lime, Bird, and Spin have deployed thousands of shared e-scooters on city streets, offering a convenient and affordable alternative to cars. But the explosive growth of e-scooter use has been accompanied by a surge in injuries — raising serious questions about how safe these devices really are.
A study published in JAMA Surgery found that e-scooter-related emergency department visits increased by 222% between 2014 and 2019. The Consumer Product Safety Commission (CPSC) reported over 190,000 e-scooter-related injuries treated in emergency rooms between 2017 and 2022, including at least 71 deaths. As e-scooters become a permanent fixture of New Mexico’s transportation landscape, understanding the risks — and your legal rights if you are injured — is essential.
Common E-Scooter Injuries
E-scooter accidents can cause a wide range of injuries, many of which are serious:
- Head injuries and traumatic brain injuries (TBI) — The most dangerous e-scooter injuries. Studies show that fewer than 5% of e-scooter riders wear helmets, despite the significant risk of head trauma in falls and collisions.
- Fractures — Broken wrists, arms, ankles, and collarbones are extremely common in e-scooter falls
- Facial injuries — Dental fractures, jaw injuries, and facial lacerations
- Road rash and soft tissue injuries — Abrasions from sliding on pavement
- Spinal cord injuries — In severe crashes, particularly those involving motor vehicles
What Makes E-Scooters Dangerous?
Vehicle Design Limitations
E-scooters have small wheels (typically 8-10 inches) that are highly susceptible to potholes, cracks, debris, and uneven pavement. The narrow wheelbase and high center of gravity make them inherently unstable, particularly at higher speeds. Most rental e-scooters can reach 15-20 mph — fast enough to cause serious injury in a fall but without the stability or protective features of a bicycle or motorcycle.
Infrastructure Gaps
Many cities, including Albuquerque, lack adequate infrastructure for e-scooters. Riders often share the road with cars and trucks or ride on sidewalks among pedestrians — both of which create dangerous conflicts. Poorly maintained roads with potholes, gravel, and uneven surfaces are particularly hazardous for e-scooter riders.
Rider Inexperience
Rental e-scooters are available to anyone with a smartphone app, often with minimal or no safety instruction. Many first-time riders underestimate the skill required to safely operate an e-scooter, particularly when navigating traffic, making turns, or braking at speed.
Impaired Riding
Studies have found that a significant percentage of e-scooter injuries involve alcohol impairment. E-scooters are often used as transportation after nights out, when riders’ judgment and coordination are compromised.
Mechanical Failures
Defective brakes, throttle malfunctions, steering failures, and battery issues can cause accidents. Shared e-scooters, which are used by multiple riders daily and exposed to weather and rough handling, may not always be properly maintained.
Who Is Liable in an E-Scooter Accident?
Determining liability in an e-scooter accident depends on the circumstances:
The E-Scooter Company
E-scooter companies may be liable under product liability law if a mechanical defect or design flaw caused the accident. They may also be liable for negligent maintenance or failure to warn riders about known hazards.
Motor Vehicle Drivers
When an e-scooter rider is struck by a car or truck, the motor vehicle driver may be liable for negligence — such as failing to yield, distracted driving, or opening a car door into the path of a scooter rider (“dooring”).
Government Entities
If a dangerous road condition — such as a pothole, missing manhole cover, or inadequate signage — caused the accident, the city or state may be liable under the New Mexico Tort Claims Act. Note that claims against government entities require written notice within 90 days.
The Rider
New Mexico’s pure comparative negligence standard (NMSA § 41-3A-1) means that even if the rider was partially at fault — for example, by not wearing a helmet or riding while impaired — they can still recover damages, reduced by their percentage of fault.
New Mexico E-Scooter Regulations
New Mexico and its municipalities have been developing regulations for e-scooters, including:
- Speed limits for e-scooters (typically 15 mph on streets)
- Restrictions on sidewalk riding in certain areas
- Age requirements for riders
- Parking and deployment regulations for scooter companies
Violations of these regulations by either riders or scooter companies can be evidence of negligence in a personal injury case.
Steps to Take After an E-Scooter Accident
- Seek medical attention — Even seemingly minor injuries should be evaluated
- Call law enforcement — Especially if a motor vehicle was involved
- Document the scene — Photograph the scooter, road conditions, injuries, and any vehicles involved
- Note the scooter’s ID number — Rental scooters have unique identifiers
- Get witness information
- Report the incident to the scooter company
- Contact a personal injury attorney
Statute of Limitations
The statute of limitations for personal injury claims in New Mexico is three years from the date of the accident (N.M. Stat. § 37-1-8). Claims against government entities require notice within 90 days.
Frequently Asked Questions
Can I sue an e-scooter company if I’m injured?
Yes, depending on the circumstances. If a mechanical defect, design flaw, or the company’s negligent maintenance caused your accident, you may have a product liability or negligence claim. Note that rental agreements often include arbitration clauses, but these may not be enforceable in all situations.
Do I need to wear a helmet on an e-scooter in New Mexico?
While helmet laws vary by municipality, wearing a helmet is strongly recommended regardless of legal requirements. Head injuries are the most serious and common type of e-scooter injury.
What if I was hit by a car while riding an e-scooter?
You may have a claim against the driver for negligence. E-scooter riders have the same rights as other road users, and drivers have a duty to watch for and yield to scooter riders where appropriate.
Are e-scooter companies required to carry insurance?
Requirements vary by jurisdiction. Some cities require e-scooter companies to carry liability insurance as a condition of their operating permits. Your attorney can investigate the applicable insurance coverage.
Contact Dominguez Law for a Free Consultation
If you have been injured in an e-scooter accident in New Mexico, you deserve experienced legal representation. At Dominguez Law, we help injured riders navigate the complex liability questions that arise in these cases.
Contact us today for a free, confidential consultation. There is no fee unless we recover compensation for you. Se habla español.
